Okla. Stat. tit. 12A § 2A-204

Current through Laws 2024, c. 453.

Section 2A-204 - Formation in general

(1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.

(2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.

(3) Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.

Okla. Stat. tit. 12A, § 2A-204

Added by Laws 1988, HB 1683, c. 86, § 13, eff. 11/1/1988.

Oklahoma Code Comment

This section, as well as §§ 2A-206 and 2A-206, dealing with firm offers, offer and acceptance, and formation of a lease contract displace, to that extent, 16 Oklahoma Statutes §§ 2(4), 51(3), 67, 68, 69, 70, 71, and 106.

An interesting point to note is that while these Article 2A provisions very closely track similar provisions in 12A Oklahoma Statutes §§ 2-204 - 2-206, Article 24 unlike Article 2, contains no provision like § 2-207 on the so called "battle of the forms." In large measure, and aside from the fact § 2-207 has not been a notably successful provision, the omission primarily results from a perception that leasing practice differs from sales practice, and few lease contracts are formulated through conflicting forms in a manner similar to that process for many sales contracts. See § 2A-101, Official Comment. Statutory Analogue. To the extent a "battle of the forms" fact pattern in a lease context nonetheless arises, general Oklahoma law would control under 16 Oklahoma Statutes § 71.

The 1991 amendments make no change here.